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Government amendments to legacy bill dismissed as ‘tinkering round the edges’

Philip Roth by Philip Roth
June 8, 2023
in UK
Government amendments to legacy bill dismissed as ‘tinkering round the edges’
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C

hanges made to a controversial bill aimed at tackling the legacy of Northern Ireland’s troubled past have been dismissed as merely “tinkering around the edges”.

The Northern Ireland Troubles (Legacy and Reconciliation) Bill proposes providing immunity for people accused of crimes during the Troubles, as long as they co-operate with a new truth recovery body known as the Independent Commission for Reconciliation and Information Recovery (ICRIR).

It would also halt future civil cases and inquests linked to killings during the conflict.

It is currently at the report stage in the House of Lords.

Amendments announced by Northern Ireland Secretary Chris Heaton-Harris on Thursday include stopping criminal investigations and court processes for legacy cases on May 1, 2024 to “ensure a smooth transition” to the Independent Commission for Reconciliation and Information Recovery taking on full responsibility for dealing with those cases.

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They also include placing the ICRIR under a duty to offer victims and their families the opportunity to submit personal impact statements, placing it under a new duty to secure information around assessing the truth of an applicant for immunity’s account, and the revocation of immunity if an individual is subsequently convicted of terrorism offences.

The fine for non-co-operation with the ICRIR is to increase from £1,000 to £5,000.

The amendments also include confirming that the Commissioner for Investigations must comply with obligations imposed by the Human Rights Act 1998, a duty on the ICRIR to publish a statement explaining how each review was conducted as part of its final report and a duty to produce guidance around determining a request for immunity.

The bill has been opposed by almost all political parties, the Irish Government and victims groups.

Mr Heaton-Harris described “significant amendments that directly address a number of key concerns raised by interested parties”.

“This includes amendments on the conduct of reviews, compliance with Convention Rights, the independence of the Commission, conditional immunity, and ongoing legal processes,” he said.

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“We remain absolutely committed to making legislative progress so that the Independent Commission for Reconciliation and Information Recovery (ICRIR) can be established, and begin delivering better outcomes for those most affected by the Troubles, as swiftly as possible.”

However victims campaigner Raymond McCord said the Government is just “tinkering around the edges”, and the only acceptable move would be scrapping the Bill.

He described the Bill as “disgraceful” and “disgusting”, accusing the Government of “walking on the graves of our murdered family members”, adding victims will consider legal action if the bill goes ahead.

He has urged Northern Ireland political leaders to meet with victims on Friday.

“This is not about politics or sectarianism, its about the Conservatives whitewashing the murders of the Troubles of the people who matter most to us, our innocent murdered family members,” he said.

“We victims are battling and fighting to stop this, we need action from every political individual in the country.

“Talking is done. Stand together with us.”

Earlier the Council of Europe’s Committee of Ministers in Strasbourg adopted an Interim Resolution which “strongly reiterated” its calls upon the UK to reconsider the conditional immunity scheme in light of concerns expressed around its compatibility with the European Convention on Human Rights.

Irish Minister of Foreign Affairs Micheal Martin welcomed the move.

“It is a matter of regret to my government that the Legacy Bill continues its legislative progress without the support of political parties in Northern Ireland, and without support from families, victims’ groups or civil society,” he said.

“I believe that, by providing for amnesties for crimes amounting to gross human rights violations, the Bill, if enacted, would undermine rather than assist reconciliation.”

Sinn Fein MLA Gerry Kelly called on the British government to scrap the Bill.

“The Interim Resolution by the Council of Europe Committee of Ministers expressing ‘serious concern’ at the compatibility of the British government’s Legacy Bill with the European Convention again highlights that this flawed Bill should be scrapped,” he said.

“The Legacy Bill shows a blatant disregard for victims and their families and their right to access truth and justice.

“The British government should scrap this flawed Bill without delay.”



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